If my Fiance claimed her little sister and "other" son for the tax year 2019 so she received the stimulus(s) for them. This year, I was going to claim them all as my Fiance does not work.

[Tujaro]

I noticed that Turbotax tries to give me a stimulus credit because "I" didn't receive them during the year. Should I either "lie" about what I received when asked so it thinks I did get enough? Or maybe just not change anything this year and lose out on the additional refund? Also, if it matters, her "other" son (my step son) does not have anybody besides me in the picture in terms of his father. Even though he isn't around at all, he is still alive. Could I still claim him or just let her?

[DianeW777 · Accepted solution]

No you should not lie on your tax return. Keep in mind that your fiance and her son are not qualifying for the stimulus on your tax return.  Her son (if this is not your son) is not a qualifying child for you but rather a qualifying relative because he is not related to you. Make sure that you answered the questions correctly for your dependents.

Qualifying relative

• They don't have to be related to you (despite the name).
• They aren't claimed as a dependent by someone else.
• They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
• They aren’t filing a joint return with their spouse.
• They lived with you the entire year.
• They made less than $4,300 in 2020.
• You provided more than half of their financial support.

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.

For more information about dependents click this link: IRS Publication 501.

[Tujaro]

I had actually realized I put he was my son forgetting it doesn't count until we get married. Thank you for the quick response!

[Opus 17]

I think the expert only answered half the question.

The recovery rebate is based on your tax return for 2020.  If your fiancee claimed a dependent last year and got a stimulus payment, and you claim the same dependent this year, then you will get a stimulus payment this year.  It's based on the number of dependents you claim in 2020, not who they are.  This is legal and allowed (and it doesn't matter if this was because Congress was intentionally generous or just sloppy.)

However, you may not be able to claim either of these people as your dependent.

Your son is not your step-son if you are not married to the mother, he is just an "unrelated person."  In that case, to claim him as a dependent, he must meet the following tests:

1. the child lived in your home with you the entire year

2. you paid more than half the child's total financial support

3. no other "taxpayer" can claim your child as a dependent ahead of you.

For #3, your fiancee is a taxpayer if she files a tax return for any reason except to claim a refund of withholding.  She can't have income over $12,400 and if she files, she can't claim any dependents or other deductions or credits except the standard deduction.  Also, the father must not claim the child by reason of a court order.  (If the child does not live with the father, the father can't claim the child unless the mother gives the father a signed form 8332 dependent release.). If the child lives with the father for part of the year, then the child does not live with you the whole year, and you can't claim him.

For your fiancee's younger sibling, she also is "someone else" on your tax return, and unrelated person, and she has to meet the same tests, except that the possible taxpayers who might qualify to claim her as a dependent include her parents, if they are still alive.  The parents would usually not be able to claim the child as a dependent if the child lived in your home the entire year (rule #1), so that may not be a difficulty, but you would have to be able to prove it if audited.